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IOWA TRIBE OF KANSAS AND NEBRASKA v. SALAZAR

No. 08-3277.

607 F.3d 1225 (2010)

IOWA TRIBE OF KANSAS AND NEBRASKA; Mark Parkinson, Governor of State of Kansas, Plaintiffs-Appellants, SAC and Fox Nation of Missouri; Prairie Band of Potawatomi Indians, Plaintiffs, v. Kenneth Lee SALAZAR, Secretary of the Interior, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 7, 2010.

Attorney(s) appearing for the Case

Mark S. Gunnison, Payne & Jones, Chartered, Overland Park, KS, (Michael Leitch, Office of the Attorney General for the State of Kansas, Topeka, KS, with him on the briefs) for Plaintiffs-Appellants.

Allen M. Brabender, United States Department of Justice, Environment & Natural Resources Division, Washington, DC, (Marietta Parker, Acting United States Attorney, and Jackie A. Rapstine, Assistant United States Attorney, Topeka, KS; John C. Cruden, Acting Assistant Attorney General, and William Lazarus, United States Department of Justice, Environment & Natural Resources Division, Washington, DC with him on the briefs) for Defendant-Appellee.

Before LUCERO, MURPHY, and HOLMES, Circuit Judges.

LUCERO, Circuit Judge.

This appeal is part of a long-running dispute over whether the Secretary of the Interior (the "Secretary") properly took a small tract of land into trust on behalf of the Wyandotte Tribe of Oklahoma. Because the Secretary has already taken the land at issue into trust, sovereign immunity precludes the relief sought by plaintiffs. Consequently, we dismiss the appeal for want of jurisdiction.

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